Can my employer terminate me due to illness?
October 27, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear Employment Law Attorney,
My name is Phillip Weinert and I have been working as an accountant in a medium-sized company for five years. Recently, I was diagnosed with a serious illness that will result in a longer period of inability to work. My employer has expressed to me that due to my illness, they cannot wait any longer for my return to work and are considering termination.
I am very concerned about my job as I already have financial burdens due to my illness, and a termination would threaten my livelihood. I am wondering if my employer is actually allowed to terminate me because of my illness and if there are any options for me to keep my job.
Could you please explain to me what legal grounds apply in my case and if my employer is actually allowed to terminate me? Are there any special regulations or protections for employees in my situation? What steps can I take to defend myself against a possible termination and secure my job?
I appreciate your assistance and advice in advance.
Sincerely,
Phillip Weinert
Dear Mr. Weinert,
Thank you for your inquiry and for trusting in my expertise as a labor law attorney. I am sorry to hear that you are struggling with a serious illness and now also have concerns about your job. I can absolutely understand how burdensome this situation must be for you.
In your case, there are various legal principles to consider. Firstly, it is important to know that your employer generally cannot terminate you due to your illness. In Germany, there is a general prohibition on termination due to illness according to § 8 (1) of the General Labour Protection Act (ArbSchG). This means that termination solely based on your illness is prohibited.
However, there are exceptions to this termination ban. If your illness leads to long-term incapacity for work and causes significant operational disruptions for your employer, a termination for personal reasons may be considered. In this case, your employer would have to prove that due to your illness, they can no longer wait for your work and it is therefore unreasonable for them to continue the employment relationship.
In your situation, it is important for you to gather all medical records and expert opinions that confirm your incapacity for work and the expected duration of your illness. You should also have a conversation with your employer and clearly communicate your situation and willingness to cooperate despite your illness.
If your employer still decides to terminate your employment, I strongly recommend seeking legal advice and potentially challenging the termination. There are specific protective mechanisms for severely disabled employees or individuals with a severe disability that may be relevant in your case.
In summary, your employer generally cannot terminate you due to your illness. However, there are exceptions and special regulations that could apply in your case. I urge you to seek legal advice in a timely manner and defend your rights.
I hope that my explanation is helpful to you and wish you strength and resilience in this difficult situation.
Best regards,
Sofia Vöss
Labor Law Attorney
